South Dakota Codified Laws 12-1-30. Grounds to vacate resolution–New arbitrator
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Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:
(1) The resolution was procured by corruption, fraud, or other undue means;
Terms Used In South Dakota Codified Laws 12-1-30
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
(2) There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;
(3) The arbitrator exceeded his or her power; or
(4) The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.
If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§ 12-1-21 to 12-1-30, inclusive.
Source: SL 2003, ch 83, § 25; SDCL, § 12-4-51.